A venue in Edinburgh, Scotland, has admitted that it unlawfully discriminated against Jewish comedian Philip Simon when it cancelled his show at last year's Edinburgh Festival Fringe over his views on Israel and the war in Gaza.
Simon had been scheduled to perform his solo stand-up show, "Shall I Compere Thee In A Funny Way," at the Banshee Labyrinth on Niddry Street. The venue cancelled the performance at short notice after reviewing his social media activity.
At the time, the venue said Simon's publicly expressed views conflicted with its position regarding the Israeli government's policies and actions. It also told comedy industry publication Chortle that statements made by Simon aligned with rhetoric associated with groups accused of humanitarian violations.
Simon rejected the characterization, saying that he had expressed support only for the release of the hostages and for achieving peace.
"It is sad to think that these views could conflict with anyone who wants to see a lasting peace in Israel and Gaza," he said following the cancellation.
Simon also said he was "still processing the concept that in 2025 I can be cancelled just for being Jewish."
The London-based comedian subsequently launched legal proceedings against Morrison Bros Ltd, the company which owns the venue, alleging unlawful discrimination.
At a hearing at Edinburgh Sheriff Court on Monday, Simon's lawyer, David Welsh, told the court that the venue had now conceded that its actions were unlawful under the Equality Act.
"The defender conceded that the defender discriminated against the pursuer, contrary to the provisions of the Equalities Act," Welsh told the court.
He said the concession meant that the question of liability had been resolved in Simon's favor.
Welsh criticized the way the company had handled the proceedings, arguing that it had prolonged the case before making its admission shortly before the hearing. He said this had resulted in Simon incurring expenses that could have been avoided and asked the court to award those costs.
The venue's lawyer, Darren Cox, disputed the contention that the matter could necessarily have been resolved before litigation and argued that a decision concerning expenses should be postponed.
Sheriff Roderick Flinn noted that the parties had formally agreed that the venue had discriminated against Simon in violation of the Equality Act 2010.
The judge also found that the company had acted unreasonably by waiting until August 5 to concede the discrimination. He ruled that expenses connected with preparations for the substantive hearing would be awarded at the higher solicitor-client rate.